IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Vinay Kumar Singh – Appellant
Versus
Archana Singh – Respondent
JUDGMENT :
K. LAKSHMAN, J.
1. Heard Mr. R. Dheeraj Singh, learned counsel for the Appellant. Despite granting opportunity, there is no representation on behalf of the respondent.
2. Feeling aggrieved and dissatisfied with the order dated 06.07.2017 passed in OP No.426 of 2013 by the Judge, Family Court, City Civil Court, Hyderabad, the appellant filed the present appeal.
3. The appellant – husband filed the aforesaid petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage on the ground of cruelty contending as follows:-
i. His marriage with the respondent – wife was performed on 08.12.2004 at Bhilainagar, Durg, Chattisgarh, as per Hindu rites and customs.
ii. It is an arranged marriage.
iii. They lived happily for two months in Hyderabad where the appellant – husband was working.
iv. In March, 2005, during the stay of parents of the appellant – husband in Hyderabad, respondent – wife behaved in disrespectful manner and quarreled with him unnecessarily compelling him to come home late night hours.
v. Respondent – wife made an allegation against him that he was in illicit relationship with his friend’s wife and also his sister
Sufficient evidence of mental cruelty is necessary for divorce under Hindu Marriage Act, with financial conditions imposed for child support and no permanent alimony due to wife's independence.
A marriage may be dissolved under the Hindu Marriage Act on grounds of cruelty and desertion when evidence shows a complete breakdown of the marital relationship, without any intention for reconcilia....
The court emphasized that without credible evidence of alleged cruelty, and considering both parties' circumstances, substantial maintenance for the child is warranted despite marital dissolution.
Prolonged separation and established cruelty validate divorce under Hindu Marriage Act; permanent alimony awarded considering family needs.
The appellant's allegations of cruelty were not substantiated by reliable evidence, and the court emphasized that mere claims are insufficient for dissolution of marriage under the Hindu Marriage Act....
Divorce can be granted on grounds of cruelty and desertion when the marriage is irretrievably broken, with each party's conduct evaluated in light of their inability to reconcile.
Cruelty in marriage includes mental cruelty and can justify divorce when substantiated by evidence, as seen in the appellant's case against the respondent.
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